Excelsior Correspondent
SRINAGAR, Apr 26: The State High Court today reserved its orders in a PIL seeking judicial probe in the recent killings in Handwara after alleged molestation incident.
The Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan after hearing for almost a day over the issue whether the probe into the killing be investigated by the police official of IGP rank and monitored by judicial authority or not.
The PIL has sought the probe in the killings in Handwara and Kupwara districts be investigated by the official of IGP rank and be monitored by the High Court Judge. The PIL was filed by lawyer’s body, Bar Association Kashmir, after the incident of alleged molestation of a minor girl followed by killings of five persons including a woman.
Counsel representing Bar Association Mian Qayoom submitted during the course of arguments that there is discrepancy in the age recorded in the girls statement before the Magistrate where she is shown as 19 years old, whereas as per school records she is 16 years.
“In the application before Magistrate, father puts his thumb impression whereas in the application before the police he puts his signatures despite being an illiterate.
It is a manipulation by the police”, Qayoom said.
“Public have no faith in your (govt) probes. Why he (AG ) is resisting a judicial probe by a sitting HC judge, because they do not want that the truth should come out.. he is opposing it as there is definitely something up their sleeves’, Qayoom argued.
Advocate General, D C Raina, submitted before the court that this court is having inherent powers to depute any person to investigate the probe but present probing team be allowed to investigate the probe as the investigation is in its initial stage. He in support of his arguments referred various Supreme Court Judgments over the issue.
Referring all the events that occurred since first day, resulting into registration of about 30 FIRs it is submitted by the Government that the respondents do not intend to take such stand at this stage which may prejudice fair impartial enquiry which is in progress in all 30 cases.
He also questioned the relevance on the newspaper reports. “Media trial or media conclusions do not form the basis to take a concrete view in this case, or cannot form a basis for that.”
“At this stage formulating any view or opinion would not be helpful as the statement of the girl is being attacked from all sides. It would be absolutely premature to take any view with regard to facts of the case”, the AG submitted.
Court has been apprised that during the protests and events about 218 personnel from the police and para-military forces suffered injuries and besides 5 civilians have died and 12 others got injured.
Respondents further said that the Bar has no right to file the instant PIL as a case has already been filed by the mother of the victim, which is pending before the court and the court has already taken cognizance in to the said writ petition.
It was further stated that certain facts at this stage need not to be made public which are under investigation. “However, as and when directed by the court, diaries and other relevant material can be placed at the disposal of the Court” adding with “Respondents being duty bound to investigate the matter and are investigating the matter and divulge the Hon’ble Court actual and factual position immediately after the investigation is over”, read the status report.
Referring the press not of Amnesty International, it has been submitted that the same is based on false media reports as already submitted the girl along with her father was under the preventive security cover which was proved to both on the request of father of the girl as they were apprehending grave danger to their lives and they still enjoy the same on the directions of subordinate court of Handwara as such the report say the allegations of detention of minor girl are baseless and unfounded.
With regard to uploading of video and its circulation, it is submitted that the same is also under investigation as the complaint in this regard has been lodged by the girl and FIR has also been registered.
Court has also been provided with the copy of order wherein Special Investigation Team (SIT) has been constituted to investigate the matter. The said team is headed by DIG North Kashmir Range with its 7 members holding the rank of Assistant Superintendent of Police Kupwara, Deputy Superintendant of Police Baramulla, SHO Kupwara, SHO Handwara, Sub Inspector P/S Handwara, Sub Inspector P/S Kupwara and one of the Head Constables and they have been asked to carry out speedy investigation of the case.
Meantime, court directed the counsel representing Union Government to file its reply to the petition filed by the mother of girl. The said petition was also clubbed with the PIL as the court previously had directed the matter to be listed along with the PIL as the Division Bench is seized of the matter.
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